Govt Splurges on Lawyer Fees Over Health Act Fight

Lawyers cost the government Sh142 million after someone sued to stop the Social Health Insurance Act of 2023. The Social Health Authority was supposed to improve healthcare funding and give everyone medical services. Instead, Aura Joseph Enock filed a lawsuit against it. Medical Services PS Harry Kimtai told lawmakers last week that his ministry hired top lawyers to fight this case hard.

The ministry paid Sh142.2 million in legal fees and wants lawmakers to approve this money in the budget update that Parliament currently reviews. We learned recently that private individuals control the expensive system running social health insurance - not the government. The government paid Sh104 billion to buy this system. Aura challenged three laws: the Social Health Insurance Act, Primary Health Act, and Digital Health Act from 2023.

His lawyer, Harrison Kinyanjui, argued the Social Health Insurance Act broke constitutional rules. He claimed the Executive took over Parliament's job when creating the law and didn't properly include public input. The High Court ordered Parliament on July 12 to hold better public meetings before passing these laws and demanded certain changes. The court initially paused these acts for 45 days. Kimtai mentioned the government had already appealed this High Court ruling.

The PS also asked for another Sh350 million to pay for international trips for himself and Health Cabinet Secretary Deborah Mlongo during the next three months. He explained these funds would cover foreign travel because Kenya heads the East African Community, requiring them to attend meetings. The Chief of Staff directed them to join all EAC health sector meetings in a December 13 letter, but no money existed for this purpose. He added they need Sh6 billion more for healthcare programs and Sh700 million for Presidential projects like building three sub-county hospitals.
 

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